Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 1, Purposes and Scope of FOIP. Updated 7 March 2023 16 Subsection 3(1) of FOIP provides that certain information and records in the possession or control of a government institution are excluded from the application of FOIP. In some cases, another process is available to obtain access to these records. See Section 4: Existing Rights Preserved, later in this Chapter. Subsection 3(1)(a) Application 3(1) This Act does not apply to: (a) published material or material that is available for purchase by the public; FOIP does not apply to published material or material that is available for purchase by the public. Published means to make known to people in general…an advising of the public or making known of something to the public for a purpose.31 When considering whether a record or information is published, the government institution should confirm that: • The specific information or record requested is published (what data elements are actually published).32 • There is a way for the public to access the published record or information. Where FOIP does not apply to a public record, it would still apply to all actions related to collection or use of data. Government institutions are best served by determining what data elements are published or made part of a public record. Best practice when publishing information or putting it in a public record, would be to include the least amount of personal information. This is particularly relevant when posting to the internet where the public record is in fact online and searchable. Publishing online means the information is potentially available to six to nine billion people at any given time.33 31 Originated from Black, Henry Campbell, 1979. Black’s Law Dictionary, 5th Edition St. Paul, Minn.: West Group. Adopted by the ON IPC in Order P-204 at p. 4. Adopted by SK OIPC in Review Report 249-2017 at [7]. 32 SK OIPC Investigation Report 249-2017 at [22]. 33 SK OIPC Investigation Report 249-2017 at [22].
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